ages to any intoxicated person or to any person of notoriously intemperate habits or to any person who appears to be intoxicated; and ignorance of the age of any such minor shall not be a defense to any action instituted under this section. No licensee shall be liable to any person for damages claimed to arise from refusal to sell such alcoholic beverages. And is amended to read: SEC. 20. Licenses issued hereunder shall not authorize the sale or delivery of beverages, with the exception of beer and light wines, to any person under the age of twenty-one years, or beer or light wines to any person under the age of eighteen years, either for his own use or for the use of any other person; or the sale, service, or delivery of beverages to any intoxicated person, or to any person of notoriously intemperate habits, or to any person who appears to be intoxicated; and ignorance of the age of any such minor shall not be a defense to any action instituted under this section. No licensee shall be liable to any person for damages claimed to arise from refusal to sell such alcoholic beverages. Section 23 of said act is amended by the addition of a new subsection to be designated (k): (k) No taxing provision of subsection (a), (c), (e), and (i) of this section shall apply in the case of a passenger-carrying marine vessel operating in and beyond the District of Columbia, or a club car or a dining car on a railroad operating in and beyond the District of Columbia, for which a retailer's license, class C or class D, has been issued under this Act, except as set forth in this subsection. The tax as specified in subsection (a) of this section shall be paid on all such beverages as are sold and served by said licensee while passing through or when at rest in the District of Columbia, in the following manner: A record shall be made and kept by the licensee for each passenger-carrying marine vessel operating in and beyond the District of Columbia, and for each club car or dining car on a railroad operating in and beyond the District of Columbia, for which a retailer's license, class C or class D, has been issued under this Act, of all alcoholic beverages sold and served in the District of Columbia, which record shall be subject to inspection by the Board. Each holder of such a license shall, on or before the 10th day of each month, forward to the Board on a form to be prescribed by the Commissioners, a statement under oath, showing the quantity of each kind of beverage, except beer and nontaxable light wines, sold under such license in the District of Columbia during the preceding calendar month, to which said statement shall be attached stamps denoting the payment of the tax imposed under this Act upon the beverages set forth in said report. Section 25 of said act reads as follows: SEC. 25. No licensee under this Act shall allow any person who has, within five years prior thereto, been convicted of a misdemeanor under the National Prohibition Act, as amended and supplemented, or, within ten years prior thereto, been convicted of any felony, to sell, give, furnish, or distribute any beverage, nor allow any minor under the age of twenty-one years of age to sell, give, furnish, or distribute any beverage, except beer, or any minor under the age of eighteen years of age to sell, give, furnish, or distribute beer. And is amended to read: No licensee under this Act shall allow any person who has, within five years prior thereto, been convicted of a misdemeanor under the National Prohibition Act, as amended and supplemented, or, within ten years prior thereto, been convicted of any felony, to sell, give, furnish, or distribute any beverage, nor allow any minor under the age of twenty-one years of age to sell, give, furnish, or distribute any beverage, except beer and light wines, or any minor under the age of eighteen years to sell, give, furnish, or distribute beer and light wines. Subsection (a) of section 28 of said act reads as follows: SEC. 28. (a) No person shall in the District of Columbia drink any alcoholic beverage in any street, alley, park, or parking, or in any vehicle in or upon the same, or in any place to which the public is invited for which a license has not been issued hereunder permitting the sale and consumption of such alcoholic beverage upon such premises. No person shall be drunk or intoxicated in any street, alley, park, or parking, or in any vehicle in or upon the same or in any place to which the public is invited or at any public gathering and no person anywhere shall be drunk or intoxicated and disturb the peace of any person. And is amended to read: (a) No person shall in the District of Columbia drink any alcoholic beverage in any street, alley, park, or parking, or in any vehicle in or upon the same, or in any place to which the public is invited for which a license has not been issued hereunder permitting the sale and consumption of such alcoholic beverage upon such premises, or in any place to which the public is invited (for which a license under this Act has been issued) at a time when the sale of such alcoholic beverage on the premises is prohibited by this Act or by the regulations promulgated thereunder. No person shall be drunk or intoxicated in any street, alley, park, or parking, or in any vehicle in or upon the same or in any place to which the public is invited or at any public gathering and no person anywhere shall be drunk or intoxicated and disturb the peace of any person. Subsection (b) of section 28 reads as follows: (b) Any person violating the provisions of this section shall be punished by a fine of not more than $100 or by imprisonment for not more than thirty days or by both such fine and imprisonment in the discretion of the court. And is amended to read: (b) Any person violating the provisions of this section shall be punished by a fine of not more than $100 or by imprisonment for not more than thirty days or by both such fine and imprisonment in the discretion of the court for the first offense; by a fine of not more than $200 or by imprisonment for not more than sixty days or by both such fine and imprisonment in the discretion of the court for the second offense, or by a fine of not more than $500 or by imprisonment for not more than six months or by both such fine and imprisonment in the discretion of the court for each subsequent offense. This bill was introduced at the request of the Alcoholic Beverage Control Board of the District of Columbia and a copy of its letter submitting draft is hereto appended and made a part of this report. GOVERNMENT OF THE DISTRICT OF COLUMBIA, Hon. MARY T. NORTON, March 4, 1935. Chairman House District Committee, House of Representatives, Washington, D. C. DEAR MADAM: Attached hereto is a draft of a bill amending the Alcoholic Beverage Control Act, approved January 24, 1934, as amended. You will observe that the words amendatory to the several sections of the act are as follows: The first section of the bill amending subsection (c) of section 3 of the act, merely defines the word "champagne", which is not now defined in the act, and is susceptible to a number of different interpretations. Section 2 of the bill merely adds the words "and light wines" after the word "beer" in subsection (q) of section 3 of the act. Light wines were inadvertently omitted from the original act, and since both beer and light wines may be sold together, such omission should be cured by amendment. Section 3 of the bill amends section 6 of the act, wherein power to suspend licenses is given the Alcoholic Beverage Control Board, and should the suspension be for more than 30 days, the licensee would enjoy the same right of appeal to the Commissioners that the act now provides in the case of revocation of license. The only other change provided for in section 3 of the bill is the addition of a paragraph to section 6 of the act giving the Board power, for good cause shown, to grant permits for the sales of stocks of beverages by individuals, corporations, executors, etc., being the owners thereof. However, the sale can only be made to persons licensed under the act, the reason for this being that the law makes no provision for the disposition of beverages on hand in the event of death of a licensee, or when a license expires leaving the person unable to dispose of the same, since the law does not permit such sales in the District of Columbia other than by licensees. Sections 4, 5, 6, and 7 of the bill amend subsections (a), (b), (c), and (d) of section 11 of the act, by striking out the words "for resale or to a dealer outside of the District of Columbia", and substituting therefor the words "under this act for resale or to a dealer licensed under the laws of any State or Territory of the United States". These are very desirable amendments for the reason that the words "dealer outside of the District of Columbia" have a vague and indefinite meaning, especially in view of the fact that in the amendment providing for stamp taxation the word "dealer" is followed by the words "licensed under the laws of any State or Territory of the United States." Section 8 of the bill makes no change whatever in subsection (h) of section 11 of the act, with the exception of the addition of the words "and light wines", also inadvertently omitted in the drafting of the original bill. Section 9 of the bill, amending section 13 of the act, merely authorizes the holder of a retailer's license, class C and class D for a passenger-carrying marine vessel or a club car or dining car on a railroad to store beverages with the consent of the Board, this privilege having already been extended to manufacturer and wholesaler licensees under the act. Section 10 of the bill changes section 17 of the act in two respects. The act now provides for the revocation of licenses by the Board with the right of appeal to the Commissioners of the District of Columbia. The proposed amendment also gives to the Board the right to suspend a license for violations of the law with the same right of appeal given to the licensees in the event of a suspension of more than 30 days as is at the present time provided in revocation cases. In addition to this, a paragraph has been added to the section providing that in the event of the suspension of a license a placard shall be displayed on the outside of the premises indicating to the public that such license has been suspended and the licensee, during the time of suspension has no privilege to sell beverages. The reason for this is that the Board not infrequently has had occasion to cite licensees to appear before it when it developed at the hearing that the offense, often admitted by the licensee, was of such a minor nature that a revocation of the license would not be warranted in all of the circumstances. The Board therefore feels, and the opinion is concurred in by the Commissioners, that such disciplinary measure as a suspension of the privilege of the licensee for a reasonable time is in some cases all the punishment that should be meted out, and, at the same time, such a course, it is thought, would have a very salutary effect and greatly aid in the enforcement of the law. Section 11 of the bill, amending section 20 of the act, merely adds the words "service or delivery" after the word "sell", making no other change whatsoever. As the act is now written, in order to convict a licensee of dispensing beverages to one who is apparently intoxicated, the sale to the intoxicated person must be proven. This amendment will permit the Board to find a violation in the event there is a dispensation of beverages of any kind to a man who is in an apparent state of intoxication. Section 12 of the bill amends section 23 of the act, by the addition thereto of subsection (k), which in substance provides that passenger-carrying marine vessels, club cars, and dining cars holding retailer's license, class C or class D, are required to pay the District tax on only such beverages as are sold and served in the District of Columbia. It also sets out the manner in which said tax is to be paid. Section 14 of the bill merely enlarges subesction (a) of section 28 of the act by prohibiting drinking "in any place to which the public is invited for which a license under this act has been issued at a time when the sale of such alcoholic beverage on the premises is prohibited by the act or by the regulations promulgated thereunder." By this amendment it is sought to prohibit persons from purchasing and having liquor served to them in advance of the closing hour in order that they may continue to drink after the time of sale has passed. Section 15 of the bill amends subsection (b) of section 28 of the act by increasing the penalty for drunkenness and drinking in public in violation of the provisions of section 28 (a) of the act, by the possible imposition of a heavier penalty to be imposed upon habitual offenders. It is felt that the adoption by the Congress of the proposed amendments would very materially simplify the act, and at the same time greatly facilitate in the enforcement thereof. The Commissioners respectfully request the introduction of this bill, and urge its passage. And is amended to read: (a) No person shall in the District of Columbia drink any alcoholic beverage in any street, alley, park, or parking, or in any vehicle in or upon the same, or in any place to which the public is invited for which a license has not been issued hereunder permitting the sale and consumption of such alcoholic beverage upon such premises, or in any place to which the public is invited (for which a license under this Act has been issued) at a time when the sale of such alcoholic beverage on the premises is prohibited by this Act or by the regulations promulgated thereunder. No person shall be drunk or intoxicated in any street, alley, park, or parking, or in any vehicle in or upon the same or in any place to which the public is invited or at any public gathering and no person anywhere shall be drunk or intoxicated and disturb the peace of any person. Subsection (b) of section 28 reads as follows: (b) Any person violating the provisions of this section shall be punished by a fine of not more than $100 or by imprisonment for not more than thirty days or by both such fine and imprisonment in the discretion of the court. And is amended to read: (b) Any person violating the provisions of this section shall be punished by a fine of not more than $100 or by imprisonment for not more than thirty days or by both such fine and imprisonment in the discretion of the court for the first offense; by a fine of not more than $200 or by imprisonment for not more than sixty days or by both such fine and imprisonment in the discretion of the court for the second offense, or by a fine of not more than $500 or by imprisonment for not more than six months or by both such fine and imprisonment in the discretion of the court for each subsequent offense. This bill was introduced at the request of the Alcoholic Beverage Control Board of the District of Columbia and a copy of its letter submitting draft is hereto appended and made a part of this report. GOVERNMENT OF THE DISTRICT OF COLUMBIA, Hon. MARY T. NORTON, Chairman House District Committee, March 4, 1985. House of Representatives, Washington, D. C. DEAR MADAM: Attached hereto is a draft of a bill amending the Alcoholic Beverage Control Act, approved January 24, 1934, as amended. You will observe that the words amendatory to the several sections of the act are as follows: The first section of the bill amending subsection (c) of section 3 of the act, merely defines the word "champagne", which is not now defined in the act, and is susceptible to a number of different interpretations. Section 2 of the bill merely adds the words "and light wines" after the word "beer" in subsection (q) of section 3 of the act. Light wines were inadvertently omitted from the original act, and since both beer and light wines may be sold together, such omission should be cured by amendment. Section 3 of the bill amends section 6 of the act, wherein power to suspend licenses is given the Alcoholic Beverage Control Board, and should the suspension be for more than 30 days, the licensee would enjoy the same right of appeal to the Commissioners that the act now provides in the case of revocation of license. The only other change provided for in section 3 of the bill is the addition of a paragraph to section 6 of the act giving the Board power, for good cause shown, to grant permits for the sales of stocks of beverages by individuals, corporations, executors, etc., being the owners thereof. However, the sale can only be made to persons licensed under the act, the reason for this being that the law makes no provision for the disposition of beverages on hand in the event of death of a licensee, or when a license expires leaving the person unable to dispose of the same, since the law does not permit such sales in the District of Columbia other than by licensees. Sections 4, 5, 6, and 7 of the bill amend subsections (a), (b), (c), and (d) of section 11 of the act, by striking out the words "for resale or to a dealer outside of the District of Columbia", and substituting therefor the words "under this act for resale or to a dealer licensed under the laws of any State or Territory of the United States". These are very desirable amendments for the reason that the words "dealer outside of the District of Columbia" have a vague and indefinite meaning, especially in view of the fact that in the amendment providing for stamp taxation the word "dealer" is followed by the words "licensed under the laws of any State or Territory of the United States." Section 8 of the bill makes no change whatever in subsection (h) of section 11 of the act, with the exception of the addition of the words "and light wines", also inadvertently omitted in the drafting of the original bill. Section 9 of the bill, amending section 13 of the act, merely authorizes the holder of a retailer's license, class C and class D for a passenger-carrying marine vessel or a club car or dining car on a railroad to store beverages with the consent of the Board, this privilege having already been extended to manufacturer and wholesaler licensees under the act. Section 10 of the bill changes section 17 of the act in two respects. The act now provides for the revocation of licenses by the Board with the right of appeal to the Commissioners of the District of Columbia. The proposed amendment also gives to the Board the right to suspend a license for violations of the law with the same right of appeal given to the licensees in the event of a suspension of more than 30 days as is at the present time provided in revocation cases. In addition to this, a paragraph has been added to the section providing that in the event of the suspension of a license a placard shall be displayed on the outside of the premises indicating to the public that such license has been suspended and the licensee, during the time of suspension has no privilege to sell beverages. The reason for this is that the Board not infrequently has had occasion to cite licensees to appear before it when it developed at the hearing that the offense, often admitted by the licensee, was of such a minor nature that a revocation of the license would not be warranted in all of the circumstances. The Board therefore feels, and the opinion is concurred in by the Commissioners, that such disciplinary measure as a suspension of the privilege of the licensee for a reasonable time is in some cases all the punishment that should be meted out, and, at the same time, such a course, it is thought, would have a very salutary effect and greatly aid in the enforcement of the law. Section 11 of the bill, amending section 20 of the act, merely adds the words "service or delivery" after the word "sell", making no other change whatsoever. As the act is now written, in order to convict a licensee of dispensing beverages to one who is apparently intoxicated, the sale to the intoxicated person must be proven. This amendment will permit the Board to find a violation in the event there is a dispensation of beverages of any kind to a man who is in an apparent state of intoxication. Section 12 of the bill amends section 23 of the act, by the addition thereto of subsection (k), which in substance provides that passenger-carrying marine vessels, club cars, and dining cars holding retailer's license, class C or class D, are required to pay the District tax on only such beverages as are sold and served in the District of Columbia. It also sets out the manner in which said tax is to be paid. Section 14 of the bill merely enlarges subesction (a) of section 28 of the act by prohibiting drinking "in any place to which the public is invited for which s license under this act has been issued at a time when the sale of such alcoholic beverage on the premises is prohibited by the act or by the regulations promulgated thereunder." By this amendment it is sought to prohibit persons from purchasing and having liquor served to them in advance of the closing hour in order that they may continue to drink after the time of sale has passed. Section 15 of the bill amends subsection (b) of section 28 of the act by increasing the penalty for drunkenness and drinking in public in violation of the provisions of section 28 (a) of the act, by the possible imposition of a heavier penalty to be imposed upon habitual offenders. It is felt that the adoption by the Congress of the proposed amendments would very materially simplify the act, and at the same time greatly facilitate in the enforcement thereof. The Commissioners respectfully request the introduction of this bill, and urge its passage. Acting President, Board of Commissioners, District of Columbia. |